[Adopted 8-1-2022 by Ord. No. 22-08]
As used in this article, the following terms shall have the meanings indicated:
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and testing in accordance with a method approved by the United States Department of Housing and Urban Development.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
A. 
The owner of a single-family, two-family, and multiple rental dwelling located within the Township shall register such rental dwelling with the Township by completing, providing all information called for by, and signing a form prescribed by the Construction Code Official and filing such completed, signed form with the Construction Code Official within two weeks after the effective date of this article or on or before the date that such owner takes title to such rental dwelling. The Construction Code Official shall maintain all such completed, signed forms in the Construction Code Official's office. Such owner shall register and provide such information at https://main.govpilot.com/web/public/a0383c46-711_Landlord-Registration-Township-of-Clark?uid=7353&ust=NJ&pu=1&id=0.
[Amended 9-18-2023 by Ord. No. 23-27]
B. 
Subject to § 189-19 of this Article III of this Chapter 189, the Construction Code Official shall inspect every single-family, two-family, and multiple rental dwelling located within the Township at tenant turnover for lead-based paint hazards or within two years of the effective date of N.J.S.A. 52: 27D-437.16 et seq., whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification pursuant to this section. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with this section hereof. The Township shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Township, in advance of any inspection, a fee of $125 for each unit inspected to cover the cost of the inspection, which shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose.
C. 
The dwelling owner or landlord may directly hire a lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of Subsection B of this section instead of the municipal inspection contemplated by Subsection B of this section. In the event that a dwelling owner or landlord directly hires such a lead evaluation contractor, the term "Construction Code Official" shall also mean and include such lead evaluation contractor for purposes of this Article III of this Chapter 189 (except for the purposes of § 189-27).
D. 
The Construction Code Official or such lead evaluation contractor with the duty to inspect single-family, two-family, and multiple rental dwellings pursuant to this Article III of this Chapter 189 may consult with the local health board, the Department of Health, or the Department of Community Affairs concerning the criteria for the inspection and identification of areas and conditions involving a high risk of lead poisoning in dwellings, methods of detection of lead in dwellings, and standards for the repair of dwellings containing lead paint.
Notwithstanding anything in § 189-19 to the contrary, a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
A. 
Has been certified to be free of lead-based paint;
B. 
Was constructed during or after 1978;
C. 
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.;
D. 
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals; or
E. 
Has a valid lead-safe certification issued in accordance with this Article III of this Chapter 189.
A. 
If the Construction Code Official finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this Article III of this Chapter 189, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq. Upon the remediation of the lead-based paint hazard, the Construction Code Official shall conduct an additional inspection of the unit to certify that the hazard no longer exists. The Construction Code Official may charge an additional fee in the amount specified in § 189-19B for such additional inspection.
B. 
If the Construction Code Official finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to this Article III of this Chapter 189 or following remediation of a lead-based paint hazard pursuant to § 189-21A, then the Construction Code Official shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by the Construction Code Official pursuant to this § 189-21B shall be valid for two years.
Beginning on the effective date of N.J.S.A. 52:27D-437.16 et seq., property owners shall:
A. 
Provide evidence of a valid lead-safe certification obtained pursuant to this Article III of this Chapter 189, as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., unless not required to have had an inspection by the Construction Code Official pursuant to § 189-20A, B, or C;
B. 
Provide evidence of a valid lead-safe certification obtained pursuant to this section to new tenants of the property at the time of tenant turnover, unless not required to have had an inspection by the Construction Code Official pursuant to § 189-20A, B, C, and D, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and
C. 
Maintain a record of the lead-safe certification which shall include the name or names of the unit's tenant or tenants, if the inspection was conducted during a period of tenancy, unless not required to have had an inspection by the Construction Code Official pursuant to § 189-20A, B, C, and D.
If the Construction Code Official finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this Article III of this Chapter 189, then the Construction Code Official shall notify the Commissioner of Community Affairs, who shall review the findings in accordance with the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.8.
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the Construction Code Official shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The Construction Code Official may charge an additional fee in the amount specified in § 189-19B for such additional inspections.
In addition to the fees charged for inspection of rental housing pursuant to §§ 189-19B and 189-24, the Township shall assess an additional fee of $20 per unit inspected by the Construction Code Official for the purposes of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.1 et seq., concerning lead hazard control work, unless the unit owner demonstrates that the Department of Community Affairs already has assessed an additional inspection fee of $20 pursuant to the provisions of N.J.S.A. 52:27D-437.10. In a common interest community, any inspection fee charged pursuant to this Article III of this Chapter 189 shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. The fees collected pursuant to this § 189-25 shall be deposited into the Lead Hazard Control Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4.
A. 
If less than 3% of children tested in the Township six years of age or younger have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the Department of Health pursuant to N.J.S.A. 26:2-137.6, or according to other data deemed appropriate by the commissioner (as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16), then the Construction Code Official may inspect a dwelling located therein for lead-based paint hazards through visual assessment.
B. 
If at least 3% of children tested six years of age or younger have a blood lead level greater than or equal to five ug/dL, according to the central lead screening database maintained by the Department of Health pursuant to Section 5 of P.L. 1995, c. 328 (N.J.S.A. 26:2-137.6), or according to other data deemed appropriate by the commissioner, then the Construction Code Official shall inspect a dwelling located therein through dust wipe sampling.
C. 
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two or three dwelling units, then the Construction Code Official shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The Construction Code Official may charge fees in accordance with this section for such additional inspections.
The Township and the Construction Code Official shall be authorized to conduct investigations and issue penalties not inconsistent with this section to enforce a property owner's failure to comply with N.J.S.A. 52:27D-437.16 or this Article III of this Chapter 189. If the Township or the Construction Code Official determines that a property owner has failed to comply with a provision of N.J.S.A. 52:27D-437.16 et seq., or this Article III of this Chapter 189 with respect to a rental dwelling unit owned by the property owner, the property owner shall first be given 30 days to cure any violation by conducting the required inspection or initiate any required remediation efforts. If the property owner has not cured the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated.